Full Text of HB3796 97th General Assembly
HB3796ham002 97TH GENERAL ASSEMBLY | Rep. Adam Brown Filed: 3/8/2012
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| 1 | | AMENDMENT TO HOUSE BILL 3796
| 2 | | AMENDMENT NO. ______. Amend House Bill 3796 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 2 and 14 as follows:
| 6 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 7 | | Sec. 2. Firearm Owner's Identification Card required; | 8 | | exceptions.
| 9 | | (a) (1) No person may acquire or possess any firearm, stun | 10 | | gun, or taser within this State
without having in his or | 11 | | her possession a Firearm Owner's Identification Card
| 12 | | previously issued in his or her name by the Department of | 13 | | State Police under
the provisions of this Act.
| 14 | | (2) No person may acquire or possess firearm ammunition | 15 | | within this
State without having in his or her possession a | 16 | | Firearm Owner's Identification
Card previously issued in |
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| 1 | | his or her name by the Department of State Police
under the | 2 | | provisions of this Act.
| 3 | | (b) The provisions of this Section regarding the possession | 4 | | of firearms, firearm ammunition, stun guns, and tasers do not | 5 | | apply to:
| 6 | | (1) United States Marshals, while engaged in the | 7 | | operation of their
official duties;
| 8 | | (2) Members of the Armed Forces of the United States or | 9 | | the National
Guard, while engaged in the operation of their | 10 | | official duties;
| 11 | | (3) Federal officials required to carry firearms, | 12 | | while engaged in the
operation of their official duties;
| 13 | | (4) Members of bona fide veterans organizations which | 14 | | receive firearms
directly from the armed forces of the | 15 | | United States, while using the
firearms for ceremonial | 16 | | purposes with blank ammunition;
| 17 | | (5) Nonresident hunters during hunting season, with | 18 | | valid nonresident
hunting licenses and while in an area | 19 | | where hunting is permitted; however,
at all other times and | 20 | | in all other places these persons must have their
firearms | 21 | | unloaded and enclosed in a case;
| 22 | | (6) Those hunters exempt from obtaining a hunting | 23 | | license who are
required to submit their Firearm Owner's | 24 | | Identification Card when hunting
on Department of Natural | 25 | | Resources owned or managed sites;
| 26 | | (7) Nonresidents while on a firing or shooting range |
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| 1 | | recognized by the
Department of State Police; however, | 2 | | these persons must at all other times
and in all other | 3 | | places have their firearms unloaded and enclosed in a case;
| 4 | | (8) Nonresidents while at a firearm showing or display | 5 | | recognized by
the Department of State Police; however, at | 6 | | all other times and in all
other places these persons must | 7 | | have their firearms unloaded and enclosed
in a case;
| 8 | | (9) Nonresidents whose firearms are unloaded and | 9 | | enclosed in a case;
| 10 | | (10) Nonresidents who are currently licensed or | 11 | | registered to possess a
firearm in their resident state;
| 12 | | (11) Unemancipated minors while in the custody and | 13 | | immediate control of
their parent or legal guardian or | 14 | | other person in loco parentis to the
minor if the parent or | 15 | | legal guardian or other person in loco parentis to
the | 16 | | minor has a currently valid Firearm Owner's Identification
| 17 | | Card;
| 18 | | (12) Color guards of bona fide veterans organizations | 19 | | or members of bona
fide American Legion bands while using | 20 | | firearms for ceremonial purposes
with blank ammunition;
| 21 | | (13) Nonresident hunters whose state of residence does | 22 | | not require
them to be licensed or registered to possess a | 23 | | firearm and only during
hunting season, with valid hunting | 24 | | licenses, while accompanied by, and
using a firearm owned | 25 | | by, a person who possesses a valid Firearm Owner's
| 26 | | Identification Card and while in an area within a |
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| 1 | | commercial club licensed
under the Wildlife Code where | 2 | | hunting is permitted and controlled, but in
no instance | 3 | | upon sites owned or managed by the Department of Natural
| 4 | | Resources;
| 5 | | (14) Resident hunters who are properly authorized to | 6 | | hunt and,
while accompanied by a person who possesses a | 7 | | valid Firearm Owner's
Identification Card, hunt in an area | 8 | | within a commercial club licensed
under the Wildlife Code | 9 | | where hunting is permitted and controlled;
| 10 | | (15) A person who is otherwise eligible to obtain a | 11 | | Firearm Owner's
Identification Card under this Act and is | 12 | | under the direct supervision of a
holder of a Firearm
| 13 | | Owner's Identification Card who is 21 years of age or older | 14 | | while the person is
on a firing or shooting range
or is a
| 15 | | participant in a firearms safety and training course | 16 | | recognized by a law
enforcement agency or a national, | 17 | | statewide shooting sports organization; and
| 18 | | (16) Competitive shooting athletes whose competition | 19 | | firearms are sanctioned by the International Olympic | 20 | | Committee, the International Paralympic Committee, the | 21 | | International Shooting Sport Federation, or USA Shooting | 22 | | in connection with such athletes' training for and | 23 | | participation in shooting competitions at the 2016 Olympic | 24 | | and Paralympic Games and sanctioned test events leading up | 25 | | to the 2016 Olympic and Paralympic Games. | 26 | | (c) The provisions of this Section regarding the |
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| 1 | | acquisition and possession
of firearms, firearm ammunition, | 2 | | stun guns, and tasers do not apply to law enforcement officials
| 3 | | of this or any other jurisdiction, while engaged in the | 4 | | operation of their
official duties.
| 5 | | (d) New residents, who are not otherwise prohibited from | 6 | | obtaining, possessing, or using a firearm, firearm ammunition, | 7 | | stun gun, or taser, shall have 60 calendar days from when they | 8 | | obtain an Illinois driver's license or State identification | 9 | | card to make application and obtain a Firearm Owner's | 10 | | Identification Card. During this 60 day period these new | 11 | | residents, who are not otherwise prohibited, may possess a | 12 | | firearm, firearm ammunition, stun gun, or taser but shall not | 13 | | transfer or purchase firearms or ammunition. For purposes of | 14 | | this subsection (d), "domicile" means a true, fixed, and | 15 | | permanent legal home of a person or the place to which the | 16 | | person intends to return even though the person may reside | 17 | | elsewhere; and "new resident" means a non-resident who | 18 | | establishes a domicile in Illinois. | 19 | | (Source: P.A. 96-7, eff. 4-3-09.)
| 20 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| 21 | | Sec. 14. Sentence.
| 22 | | (a) Except as provided in subsection (a-5), a A violation | 23 | | of paragraph (1) of subsection (a) of Section 2, when the
| 24 | | person's Firearm Owner's
Identification Card is expired but the | 25 | | person is not otherwise disqualified
from renewing the card, is |
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| 1 | | a Class A misdemeanor.
| 2 | | (a-5) A violation of paragraph (1) of subsection (a) of | 3 | | Section 2, when the
person's Firearm Owner's
Identification | 4 | | Card is expired but the person is not otherwise disqualified
| 5 | | from renewing the card, is a petty offense if the card was | 6 | | expired for 6 months or less from the date of expiration. | 7 | | (b) Except as provided in subsection (a) with respect to an | 8 | | expired
card, a violation of paragraph (1) of subsection (a) of | 9 | | Section 2 is a
Class A misdemeanor when the person does not | 10 | | possess a currently valid Firearm
Owner's Identification Card, | 11 | | but is otherwise eligible under this Act. A
second or | 12 | | subsequent violation is a Class 4 felony.
| 13 | | (c) A violation of paragraph (1) of subsection (a) of | 14 | | Section 2 is a Class
3 felony when:
| 15 | | (1) the person's Firearm Owner's Identification Card | 16 | | is revoked or
subject to revocation under Section 8; or
| 17 | | (2) the person's Firearm Owner's Identification Card | 18 | | is expired and not
otherwise eligible for renewal under | 19 | | this Act; or
| 20 | | (3) the person does not possess a currently valid | 21 | | Firearm Owner's
Identification Card, and the person is not | 22 | | otherwise eligible under this
Act.
| 23 | | (d) A violation of subsection (a) of Section 3 is a Class 4 | 24 | | felony.
A third or subsequent conviction is a Class 1 felony.
| 25 | | (d-5) Any person who knowingly enters false information on | 26 | | an application
for a Firearm Owner's Identification Card, who |
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| 1 | | knowingly gives a false answer
to any question on the | 2 | | application, or who knowingly submits false evidence in
| 3 | | connection with an application is guilty of a Class 2 felony.
| 4 | | (e) Except as provided by Section 6.1 of this Act, any | 5 | | other
violation of this Act is a Class A misdemeanor.
| 6 | | (Source: P.A. 91-694, eff. 4-13-00; 92-414, eff. 1-1-02; | 7 | | 92-442, eff.
8-17-01; 92-651, eff. 7-11-02.)".
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